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Could someone file a claim of bankruptcy fraud against you?

Though you may believe that an act you carry out has no criminal implications, someone could potentially try to make a harmless situation more difficult for you. For instance, if you struggle with considerable debt and file for bankruptcy, another person could possible attempt to have you investigated for bankruptcy fraud. This type of fraud can come with serious charges and consequences, and if you end up in such a situation, you may feel caught completely off guard.

Though bankruptcy fraud can be difficult to prove, the possibility does exist that if suspicions get aroused, you could land in hot water. Therefore, you may wish to understand how someone could go about making such an accusation and how you should handle any allegations.

Needed information

If a person wants to file a bankruptcy fraud claim against you, he or she would need to inform the Department of Justice of this claim because this department holds the responsibility for investigating instances of such fraud. The claim against you would need to include information relating to your bankruptcy filing, such as:

  • Your name and address
  • Your case number
  • Location of your filing
  • Any pertinent identifying information relating to you and your case
  • A description of the alleged fraud
  • Why the person believes you have committed fraud

The person does not necessarily have to provide his or her name in the claim, but without this information, individuals investigating the claim could not request additional information. Furthermore, if a person has only made vague accusations regarding your case, the likelihood of an investigation into your case remains low.

Review of information

Though the Department of Justice will review such claims quickly, they may not provide information on whether they opened an investigation into the claim. However, if an issue with your bankruptcy case does raise suspicions, a criminal investigation could begin, and you could potentially face bankruptcy fraud charges. In the event that your case results in your acquittal, the person who filed a claim against you could potentially face charges for malicious prosecution.

Because you likely did not expect such accusations to come against you, you may feel at a loss as to how to approach such a situation. Luckily, you can obtain legal counsel from a knowledgeable Tennessee attorney. This individual could help you review your case, determine why the fraud claim came against you and explore your best methods for mounting a meaningful defense.

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